In April 2018, we wrote about the California Supreme Court’s decision in Dynamex Operations West, Inc. v. Superior Court, which had clarified the standard for determining whether workers in California should be classified as employees or as independent contractors for purposes of the wage orders adopted by California’s Industrial Welfare Commission (“IWC”).
Monthly Archives: October 2018
California Court of Appeal Rejects Dynamex’s “ABC” Test for Independent Contractors for Claims That Do Not Arise Under a Wage Order
Some Important Recent Developments Make Korea Friendlier to Foreign Companies Utilizing the Korean Patent System
Korean Court Makes Efforts to Create a More Patent-Friendly Environment.
Although Korea has been very active in the development of intellectual property, Korea has a reputation for being relatively unfriendly to foreigners utilizing the Korean patent system. Korean courts have been trying to rectify this situation by changing the environment for patent protection and patent litigation. Specifically, they have implemented an improved discovery process and they have established international panels that will provide more foreigner-friendly patent litigation procedures.
Bou Simon v BGC Brokers LP: a salient reminder of the strict approach the court will take when deciding whether to imply a term into a contract.
We’re continuing our series on soft skills that lawyers require in order to achieve success. We’ve looked at some suggestions for improving networking and presentation skills, and the next item in our series is raising the level of our business writing.
CMS Unveils Proposed Rule Regarding Direct-to-Consumer Television Advertisements for Prescription Drug and Biological Products
On October 15, 2018, the Centers for Medicare and Medicaid Services (CMS) unveiled its proposed rule requiring direct-to-consumer television advertisements for prescription drug and biological products to contain the list price (defined as the Wholesale Acquisition Cost) if the product is reimbursable by Medicare or Medicaid. Medical devices are not included in the proposed rule, although CMS seeks comment on how advertised drugs should be treated if used in combination with a non-advertised device. If finalized, the requirement will be sweeping and only purports to exclude products costing under $35 per month for a 30-day supply or a typical course of treatment.
The Federal Government has recently released the Copyright Amendment (Online Infringement) Bill 2018 (Bill) which proposes to amend section 115A of the Copyright Act 1968 (Cth).1
In Australia, as well as internationally, this year has brought significant developments in the area of privacy regulation that may affect your business. Two areas of privacy compliance in particular that Australian businesses need to understand and respond to are:
The new Bill No. 551219-7 has been introduced to the State Duma, which is going to change voting procedure for interested party transactions under Joint Stock Companies Law and Limited Liability Companies Law.
The announcement on Wednesday 17 October 2018 of a Senate inquiry into “credit and financial services targeted at Australians at risk of financial hardship” continues the current forensic examination into the state of financial services in Australia.
Leading independent business law firm Hall & Wilcox has bolstered its health, aged care, life sciences and community practices by appointing a respected leader in the field Alison Choy Flannigan as a new partner and leader of the firm’s national industry team.